| Court: | Wisconsin court of appeals |
| Facts: | Lasky was party to the armed robbery of a bank, and a battery |
| Posture: | Federal and state prosecutions both resulted in convictions/no contest pleas. Appealed. |
| Issue: | Does the fact that the feds prosecuted preclude state prosecution? |
| Holding: | No it does not, because the elements differ. |
| Rule: | Apply the Blockburger elements test; the identity of the prosecutor is irrelevant |
| Reasoning: | The federal crime contains elements (e.g., FDIC insurance, real force)that the state crime does not. The state crime does not require actual force. So they are different, and there's no double jeopardy problem here. |
| Dicta: | |